When can a trial be postponed?

Question

José Manuel Alburquerque · Accepted Answer

Only on the grounds provided for by law, because the rule is that the trial takes place on the scheduled date. If someone who has to take part, such as a party summoned to give evidence, their lawyer, a witness or an expert, cannot attend because of force majeure or a reason of similar seriousness, such as a serious illness, the birth of a child or the death of a close relative, a new date can be requested, giving notice as soon as the problem is known and providing proof. The trial is also postponed if both parties jointly request it for a valid reason, for example to negotiate, or if the lawyer has another trial on the same day that was scheduled earlier. A work commitment or a trip, on the other hand, is not usually enough. The grounds The law distinguishes between asking for a new date in good time and adjourning the trial when there is no longer time to do so, but the grounds are similar. These are the main ones: Someone who has to take part is unable to attend because of force majeure or a reason of similar seriousness. The law gives as examples the birth and care of a child, a serious illness or an accident requiring hospitalisation and the death of a spouse, partner or relative up to the second degree, such as parents, children, siblings, grandparents, grandchildren, parents-in-law or brothers- and sisters-in-law. Certified sick leave also counts. Both parties request it by mutual agreement, with a valid reason in the view of the court clerk (“letrado de la Administración de Justicia”), who runs the court office. The parties ask for the proceedings to be stayed in order to negotiate or go to mediation, or the judge suggests it because an agreement seems possible and the parties accept. The lawyer has another trial on the same day in a different court and cannot attend both. As a general rule the one scheduled first takes priority and the request must be made within three days of receiving notice of the second hearing date. The court itself is unable to hold the trial, for example because a trial from the previous day runs over, because the judge falls ill and cannot be replaced or because the video conference that had been arranged fails. How to request it The court must be informed immediately, as soon as the problem is known, by means of a written application that explains the reason and provides proof of it, for example a medical report. It is normally filed by the lawyer or the court agent (“procurador”). If the court clerk considers the reason acceptable and proven, a new date is set. If the problem arises when there is no longer time to ask for another date, an adjournment is requested, again with proof. If the lawyer has a medical emergency on the day itself or in the preceding 24 hours, it is enough to give notice by any means and provide proof afterwards. Requesting it without grounds or in order to delay the proceedings can lead to a fine of up to 600 euros. If the person who cannot attend is a witness or an expert, the judge may, instead of postponing the whole trial, order that they give evidence at another time.